The parents of a child who has committed a serious crime will be jailed for six years, up from six months now, a Senate report has recommended.
The Senate Justice committee has also recommended the lowering of the minimum age of criminal liability or MACR to 12 years old from 15.
Committee chairman Richard Gordon is set to present his report to the Senate plenary on Monday. At least 11 senators have already signed the report, with some of them expressing readiness to interpellate or introduce amendments.
The report seeks to amend Republic Act 9344, or the “Juvenile Justice and Welfare Act of 2006,” which sets the MACR to 15 years old.
The report proposes that “a child below 12 years of age at the time of the commission of the offense shall be exempt from liability. However, the child shall be subjected to an intervention program pursuant to this Act.
“A child 12 years of age and above but below 18 years of age shall likewise be exempt from liability and be subjected to an intervention program, unless the child has acted with discernment, in which case such child shall be subjected to the appropriate proceedings in accordance with this Act.”
Those who have committed a serious crime will be sent to Juvenile Reformatory Centers or Bahay Pag-asa, the report says.
The serious crimes include parricide, murder, infanticide, kidnapping, serious illegal detention where the victim is killed or raped, robbery with homicide or rape, destructive arson, rape or carjacking, where the driver or occupant is killed or raped, or offenses under the Comprehensive Dangerous Drugs Act of 2002, which is punishable by more than 12 years in prison.
The Department of Social Welfare and Development will be responsible for building, funding and operating Bahay Pag-asa, and the allocations to it will be included in the budget of the department in the annual General Appropriations Act.
Every Bahay Pag-asa under the proposal should have amenities such as gyms, libraries and vocational-technical training shops. There should be alternative learning programs geared toward values formation, cultural awareness, reading and skills development.
Children who do not pose a risk to the community may be allowed to attend schools outside Bahay Pag-asa, the proposal says.
They could be released to their parents, foster parents or guardians, but only upon a court order and after a comprehensive study conducted by the local social welfare officer.
The report also says children below the age of criminal responsibility, in consultation with a local DSWD officer, should be released to the custody of his/her parents, guardians or nearest relatives.
“No child under seven years of age shall be separated from the mother unless the latter is unfit,” the report says.